American Express Co. v. City Nat. Bank of Galveston

I feel constrained to enter my dissent from the action of the majority in reversing the judgment of the trial court.

In presenting my reasons for dissenting, I shall first discuss the question as to whether the instruments involved are negotiable, and, second, as to whether the bank obtained them in due course.

The instruments which came into the possession of the bank came into its possession as an innocent purchaser for value. I think it clearly apparent that the express company intended that the instruments should be sold and delivered to purchasers by its trustee, and become negotiable…